* § 4651. Definitions. As used in this article:

1. "Assisted living" and "assisted living residence" means an entity
which provides or arranges for housing, on-site monitoring, and personal
care services and/or home care services (either directly or indirectly),
in a home-like setting to five or more adult residents unrelated to the
assisted living provider. An applicant for licensure as assisted living
that has been approved in accordance with the provisions of this article
must also provide daily food service, twenty-four hour on-site
monitoring, case management services, and the development of an
individualized service plan for each resident. An operator of assisted
living shall provide each resident with considerate and respectful care
and promote the resident's dignity, autonomy, independence and privacy
in the least restrictive and most home-like setting commensurate with
the resident's preferences and physical and mental status.

Assisted living and enhanced assisted living shall not include:

(a) residential health care facilities or general hospitals licensed
under article twenty-eight of this chapter;

(b) continuing care retirement communities which possess a certificate
of authority pursuant to article forty-six of this chapter, unless the
continuing care retirement community is operating an assisted living
residence as defined under this section;

(c) residential services for persons that are provided under a license
pursuant to article sixteen, nineteen, thirty-one or thirty-two of the
mental hygiene law or other residential services primarily funded by or
primarily under the jurisdiction of the office for mental health;

(d) naturally occurring retirement communities, as defined in section
five hundred thirty-six-g of the executive law;

(e) assisted living programs approved by the department pursuant to
section four hundred sixty-one-l of the social services law;

(f) public or publicly assisted multi-family housing projects
administered or regulated by the U.S. department of housing and urban
development or the division of housing and community renewal or funded
through the homeless housing assistance program that were designed for
the elderly or persons with disabilities, or homeless persons, provided
such entities do not provide or arrange for home care, twenty-four hour
supervision or both, beyond providing periodic coordination or
arrangement of such services for residents at no charge to residents.
Except, however, such entities that are in receipt of grants for
conversion of elderly housing to assisted living facilities pursuant to
section 1701-q-2 of the United States Code shall license as an assisted
living pursuant to this article;

(g) an operating demonstration as such term is defined in paragraph
(d) of subdivision one of section four thousand four hundred three-f of
this chapter;

(h) hospice and hospice residences as defined pursuant to section four
thousand two of this chapter;

(i) an adult care facility as defined in subdivision twenty-one of
section two of the social services law that is not utilizing the term
assisted living (or any derivation thereof) or is not required to obtain
an enhanced assisted living certificate; and

(j) independent senior housing, shelters or residences for adults. For
purposes of this article and for purposes of determining certification
pursuant to article seven of the social services law, the department
shall by regulation, define independent senior housing, provided such
definition shall be based on whether the operator does not provide,
arrange for, or coordinate personal care services or home care services
on behalf of residents; and the facility does not provide case
management services in a congregate care setting for residents. Nothing
in this chapter shall preclude a resident of independent senior housing
from personally and directly obtaining private personal care or home
care services from a licensed or certified home care agency.

2. "Applicant" shall mean the entity which submits an assisted living
licensure application with the department pursuant to title two or three
of this article.

3. "Adult home" means an adult home as defined by subdivision
twenty-five of section two of the social services law.

4. "Enriched housing program" means an enriched housing program, as
defined in subdivision twenty-eight of section two of the social
services law.

5. "Assisted living operator" or "operator" means a person, persons or
an entity which has obtained the written approval of the department to
operate an assisted living residence in accordance with this article.

6. "Controlling person" means any person who by reason of a direct or
indirect ownership interest, whether of record or beneficial, has the
ability, acting either alone or in concert with others with ownership
interests, to direct or cause the direction of the management or
policies of said corporation, partnership or other entity.

7. "Resident" means an adult not related to the provider, who,
pursuant to a residency agreement with a provider resides in an assisted
living or enhanced assisted living residence, as applicable.

8. "Resident's representative" means a family member or other
individual identified in the residency agreement required under section
four thousand six hundred fifty-eight of this article who is authorized
by a resident to communicate with residence employees regarding the
health, well-being, needs of and services provided to such resident and
to assist the resident in obtaining needed services.

9. "Resident's legal representative" means a person duly authorized
under applicable state law to act on behalf of a resident. Such legal
representative could include, but is not necessarily limited to, a court
appointed guardian, an attorney in-fact under a durable power of
attorney, an agent under a health care proxy or a representative payee,
depending upon the action to be taken.

10. "Home care services" means the services defined in subdivision one
of section three thousand six hundred two of this chapter, as provided
by a home care services agency which has been approved to operate
pursuant to article thirty-six of this chapter.

11. "Individualized service plan" or "ISP" means a written plan
developed pursuant to section four thousand six hundred fifty-nine of
this article.

12. "Monitoring" means an ability of the assisted living provider to
respond to urgent or emergency needs or requests for assistance with
appropriate staff, at any hour of any day or night of the week. Such
monitoring must be provided on site.

13. "Aging in place" means, care and services at a facility which
possesses an enhanced assisted living certificate which, to the extent
practicable, within the scope of services set forth in the written
residency agreement executed pursuant to section four thousand six
hundred fifty-eight of this article, accommodates a resident's changing
needs and preferences in order to allow such resident to be admitted to
or remain in the residence as long as the residence is able and
authorized to accommodate the resident's current and changing needs. A
residence that does not possess an enhanced assisted living certificate
shall not be deemed able to accommodate a resident's needs if the
resident requires or is in need of either enhanced assisted living or
twenty-four hour skilled nursing care or medical care provided by
facilities licensed pursuant to article twenty-eight of this chapter or
article nineteen, thirty-one or thirty-two of the mental hygiene law.

14. "Enhanced assisted living" or "enhanced assisted living resident"
means the care or services provided, or a resident who is provided the
care and services, pursuant to an enhanced assisted living certificate.

15. "Enhanced assisted living certificate" means a certificate issued
by the department which authorizes an assisted living residence to
provide aging in place by either admitting or retaining residents who
desire to age in place and who: (a) are chronically chairfast and unable
to transfer, or chronically require the physical assistance of another
person to transfer; (b) chronically require the physical assistance of
another person in order to walk; (c) chronically require the physical
assistance of another person to climb or descend stairs; (d) are
dependent on medical equipment and require more than intermittent or
occasional assistance from medical personnel; or (e) has chronic
unmanaged urinary or bowel incontinence. In no event shall a person be
admitted to an assisted living residence who is in need of continual
twenty-four hour nursing or medical care, who is chronically bedfast, or
who is cognitively, physically or medically impaired to such a degree
that his or her safety would be endangered.

* NB There are 2 § 4651's